Amareshwar Sahay, J.

1 In the instant writ application the prayer of the petitioners is for a direction to the respondents to permit the petitioner to grant fitness certificate for the vehicle to whom renewal of certificate of registration is granted under Rule 52 of the Central Motor Vehicle Rules, 1989 and also for a direction to the respondents to allow him to issue pollution certificate to the motor vehicle.

2. The facts in short are that the petitioner has been granted letter of Authority being No. 2/90 for establishing an authorized testing station under Rule 63(1) and (5) of the Central Motor Vehicle Rules, 1989 to run his testing station at Jamshedpur. Accordingly, the petitioner established and running an authorized testing station at Jamshedpur.

3. According to the petitioner in view of Section 56 of the Motor Vehicle Act, 1988, a certificate of fitness is required for a transport vehicle for plying it on the road and the certificate of fitness can be issued by the prescribed authority or by an authorized testing station.

4. The grievance of the petitioner is that though, after grant of licence under Rule 63(1) and (5) of the Central Motor Vehicles Rules, 1989, the petitioner has established an authorized testing station as provided under Section 56(2) of the Motor Vehicle Act, 1988 but due to arbitrary action of the respondents, he is not being allowed to issue certificate of fitness for the renewal of a certificate of registration for a Motor Vehicle as envisaged under Rule 52 of the Central Motor Vehicle Rules, 1989 as well as the pollution certificate under Rule 115 of the aforesaid Rule. Section 56 of the Motor Vehicle Act, 1988, which speaks about the grant or issue of fitness certificates for a Motor Vehicle, reads as under:

56. Certificate of fitness of transport vehicles.-(1) Subject to the provisions of Sections 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of Section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorized testing station mentioned in Sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereunder; Provided that where the prescribed authority or the authorized testing station refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. (2) The "authorized testing station" referred to Sub-section (1) means a vehicle service station or public or private garage which the State Government having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such stations or garages. (3) Subject to the provisions of Sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act. (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained. [Provided that no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the prescribed authority does not hold such technical qualification on the basis of the report of an officer having such qualification.] (5) A certifi